Crossing the Border with Electronic Devices

[Reprinted with permission from the February 2019 issue of Communiqué by Darcia Senft.]

What You Should Know

It used to be the case that when a lawyer took a vacation, work was left at the office. While all of us may try to take a real break from work when we are trying to recharge our batteries, the reality is that clients have become accustomed to being able to email their lawyers at all hours of the day and on weekends. For a variety of reasons, lawyers often respond to client matters while they are on vacation or when out of the country for one reason or another. Lawyers often travel with a laptop or a tablet and almost always with a cell phone in order to access emails, client information and other work-related materials. Do you know what risks you face when travelling with your electronic device and what you can do to minimize those risks?

The Federation of Law Societies of Canada has published a reference document for the legal profession dealing with the risks of travelling internationally with an electronic device. You can find the document here.

The document, developed by the Policy Counsel Counterpart Group of the Federation with the assistance of law society practice advisors, describes the risks of travelling with an electronic device when returning to Canada, going through preclearance with U.S. border officials on Canadian soil, and when travelling to the U.S. and beyond.

Decision of the Week: Sexual Offences Sentencing

The following decision was granted leave to appeal to the Supreme Court of Canada: R. v. Friesen, 2018 MBCA 69. As summarized in Supreme Advocacy Letter #11 (2019):

Mr. Friesen met the mother through an online dating website. The mother brought Mr. Friesen to her home. On the date of the offence, the mother’s children were sleeping and were being cared for by the mother’s friend in the mother’s house. Mr. Friesen asked the mother to bring the child into the bedroom. The mother’s friend was awoken by the child’s screams, entered the bedroom and took the child out of the bedroom. Mr. Friesen demanded the mother retrieve the child and threatened her if she did not comply with his demand.  Mr. Friesen entered guilty pleas to sexual interference and attempted extortion. The sentencing judge imposed a sentence of six years’ incarceration concurrent on both charges. The C.A. granted leave to appeal sentence. The C.A. allowed the appeal and reduced the sentence from six to four and one-half years’ incarceration for the sexual interference conviction and reduced the sentence from six years to 18 months incarceration concurrent for the attempted extortion conviction. “The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The application for leave to appeal…is granted.”

Decision of the Week: Oppression

This week’s decision concerns an application for an oppression remedy: Caughlin v. Canadian Payroll Systems Inc., 2019 MBQB 6.

Caughlin … alleges that the conduct of Lyle and CPS has been oppressive and unfairly prejudicial and that there has been an unfair disregard for his interests. Caughlin seeks a remedy to address the inequitable conduct and activities of Lyle and CPS.

Para. 3

As noted by Harris, J., s. 234(2) of The Corporations Act, C.C.S.M. c. C225 explains the grounds for seeking an oppression remedy, and the leading case is BCE Inc. v. 1976 Debentureholders, 2008 SCC 69.

Upcoming CPD – Get Your EPPM Now!

The Law Society of Manitoba
Professional Education and Competence

Looking to get your EPPM hours?
Two February Programs – eligible for up to 5 Hours

Cultural Diversity & Practising Law 
February 12, 2019     |     12:00 pm to 4:00 pm

Available in-person only

Following rave reviews from the Western Bar and the Law Society’s own volunteer training sessions, we are delighted to extend this unique learning opportunity to you.

Dr. Rehman Abdulrehman’s expertise, life experience, and practical engaging style provides a powerful exercise in self-analysis and thought providing discussion.

Includes 4 hours of CPD activity, of which 4 hours are EPPM 

Register Now 


Procrastination and Professional Liability Insurance Claims:
Causes and Consequences of Procrastination in Legal Practice
February 13, 2019     |     12:00 pm to 1:00 pm

Webinar Only

Procrastination. While we often think of it in relation to our personal goals (remember that shelving project in the garage that keeps getting put off?), the pitfalls of procrastination have an impact in our professional lives as well.

In this one-hour webinar, the Law Society of Manitoba’s Director of Insurance, Tana Christianson, and Professional Liability Insurance Fund Counsel, James Cox, will review why lawyers procrastinate, real life claims caused by procrastination, and the ethical and practical reasons lawyers should not procrastinate when they become aware of circumstances that may give rise to a claim.

Includes 1 hour of CPD activity, including 1 hour of EPPM.

Register Now

Early Bird Deadline Approaching

2019 Annual Joint Family Law Program – The Times They are a Changin’ 

March 15, 2019     |     9:00 pm to 4:30 pm

Early Bird Deadline – February 15, 2019

The landscape of Family Law Practice is quickly shifting and yet the old challenges faced by Family Law Lawyers haven’t gone away. 

The Times They Are a Changin’, is designed to give you practical answers to common challenges including issues related to client and  practice management, updates on new screening tools for domestic violence, changes in the legislation and the new administrative model of family law promised by the Manitoba government in the Throne Speech. 
 
Take away some practical tips, new knowledge about the law and confidence about decisions to be made when dealing with all the change around you.  Join us in the eye of the storm – where you will find a place to think, learn, ask questions and get answers.

Register

Includes 6.5 hours of eligible CPD activity, including 2 hours of EPPM.

Legislative Updates: New Proclamations

The Government of Manitoba has proclaimed the following Acts:

  1. The Regulatory Accountability Act and Amendments to The Statutes and Regulations Act (sections 9 and 12) , S.M. 2017, c. 21 effective July 1, 2019.
  2. The Regulatory Accountability Act and Amendments to The Statutes and Regulations Act , S.M. 2017, c. 21,  (subsection 17(4) of that Act insofar as it enacts sections 34.3, 34.4 and 34.6 of The Statutes and Regulations Act) effective October 1, 2019.